Colorado's oil/gas lawsuit against Longmont set for August trial

First and Main zoning approved again

LONGMONT -- The state's oil and gas lawsuit against Longmont is set for trial Aug. 11, scheduled to last 15 days.

The COGCC sued Longmont in July 2012, saying the city's newly passed oil and gas rules -- including a restriction against drilling in residential zones -- trespassed on state authority. Longmont officials, meanwhile, say the regulations are part of a city's traditional land use and zoning powers.

Dan Kramer, Longmont's assistant city attorney, said the city asked for 10 to 15 days due to the complexity of the issues.

"That's why it's so far out on the calendar," he said. "It's hard for a court to schedule 15 days."

The case does not involve a separate lawsuit by the Colorado Oil and Gas Association over the city's ban of hydraulic fracturing or "fracking."

During a special meeting Monday afternoon, the Longmont City Council put a hold on several deadlines in its contract with drilling company TOP Operating until the fracking lawsuit can be resolved.

City officials said TOP is working with the city on securing a local drilling permit. While the permit wouldn't let TOP violate the fracking ban, city planning manager Brad Schol said, it could help the city in court by showing that a company could meet both city and state standards.

"The state has alleged that that's not possible for a Longmont permit, because of conflicts with state law," Schol said.

Former city manager Gordon Pedrow, a fracking opponent, attended the council session and said he agreed with the move, calling it a "concrete step" in defending the city against the lawsuits.

In other action Monday:

First and Main

The Longmont City Council voted 6-1 to rezone the First and Main area from mixed industrial to mixed use. That zoning has been in place since a 5-2 vote in January, but the city repeated the hearings and voting after several business owners said they weren't notified the first time.

One of those owners was Butterball, which sued the city over the zoning in February, saying the change made their former turkey plant impossible to sell. Butterball attorney Jody Alderman told the council Monday that the company had talked to two industrial prospects -- a veal processing company and a company that prepares and ships food for restaurants -- that were barred by the new zoning.

"The cold storage in that facility is very valuable," she said.

Butterball has been trying to sell the plant since the summer of 2012 -- a date that Councilwoman Katie Witt considered important.

"I don't think we can blame the lack of selling on the rezoning," she said. "It was on the market prior to us rezoning that area." Councilwoman Bonnie Finley voted against the change both times.

Lyons agreement

The council approved without discussion an agreement with the town of Lyons for flood response and recovery.

The intergovernmental agreement covers staff assistance by Longmont and working together on issues such as the rechanneling of the St. Vrain River and the repair of Longmont's water lines and Lyons' wastewater plant.